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In Kenya disposal of uncollected assets are guided by the disposal of uncollected assets’ Act Cap 38 Laws of Kenya.
Section 3 of the Act gives areas in which it applies to a custodian (means a person with whom goods are deposited under a contract to which this Act applies, and includes his successors in title under Section 2 of the Interpretation of the Act) which are,
This Act shall apply to goods in the possession or under the control of a custodian under a contract—
(a)to repair, treat or work on the goods;
(b) to value, survey or give an estimate relating to the goods;
(c)for custody or warehousing of the goods for reward;
(d)for carriage of the goods;
(e)for hire of the goods;
(f)for gratuitous deposit or gratuitous loan of the goods;
(g)For pawn of the goods, or under any other contract of bailment, express or implied: Provided that the application of the Act may be expressly modified or excluded by the terms of the contract.
Under section 4 of the Act it imposes an obligation to take delivery on the depositor whether he has paid or not by issuing a Notice of the same.
Under Section 5 of the Act states that a Notice to take delivery may be given after the custodian has finished the works needed to take delivery.
Section Protected content that where the custodian’s obligation as custodian has come to an end, notice to take delivery
(a)may be given at any time after that obligation has ended; or
(b) May be combined with a notice terminating that obligation.
Under Section 6 a Notice of Intention to sell may be given as stated below,
a depositor is under an obligation to take delivery of goods,
(i)either in terms of the contract or imposed by the custodian,
(j)the depositor has not taken delivery by the date specified in the notice to take delivery, and then the custodian may give the depositor notice of his intention to sell the goods.
There are two types of Notices
A notice to take delivery or a notice of intention to sell shall be given—
a.By delivering it by hand to the depositor;
b.By leaving it at the residence or place of business of the depositor; or registered post, addressed to the last known postal address of the depositor.
d.If a custodian has attempted to give either notice to take delivery or a notice of intention to sell and has been unable to do so because—
(i)he has been unable to trace the depositor; or
(ii)the notice has been refused or returned undelivered, he may give notice by publishing it, in such form as may be prescribed, once in the Gazette and once in a national daily newspaper.
(a)quarter page-Kshs 3,480.00/=
(b)Half page – Kshs 7,000.00/=
(c)Full page-Kshs 14,000.00/=

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